Common use of QUOTATIONS AND ORDERS Clause in Contracts

QUOTATIONS AND ORDERS. a. The quotations and offers will remain in force for a period of time of 30 days from the date of issue unless otherwise confirmed in writing by the Seller. The Seller reserves the right to cancel or revise quotations and offers at any time before the written confirmation of acceptance of the order is issued. b. Orders placed by the Purchaser shall not be deemed accepted until confirmed in writing by the Seller. In the event that the Seller does not provide written confirmation of an order negotiated verbally, the issuance of the invoice by the Seller or the execution of the order by the Seller will be considered as confirmation. The minimum net billable amount is € 150.00. c. Any order, proposal of order, job order or request for supply, in any form forwarded to the Seller, constitutes an irrevocable contractual proposal in favour of the Seller for sixty (60) days from the date of receipt by the Seller with freedom of the Seller to accept or not accept the order at the sole discretion of the Seller. Orders and/or changes to orders made verbally or by telephone must be confirmed in writing by the Purchaser. Otherwise the Seller assumes no responsibility with regard to any errors or possible misunderstandings. Proposals received through agents, collaborators or procurers, in general, are always understood to be received "subject to approval by the Seller". d. If the price list in force provides for minimum quantities of packaging, the Purchaser shall comply with them. For smaller quantities, the Seller reserves the right to charge the Purchaser a surcharge of up to 10% of the list price. e. Standard packaging shall be considered included in the sale price while the costs of any non- standard packaging unless expressly agreed otherwise by the Parties, shall be charged to the Purchaser by the Seller. f. Any request for change of the order already confirmed shall be analysed by the Seller who, at his/her sole discretion, shall inform the Purchaser of the feasibility or otherwise of the changes requested. g. The order confirmed by the Seller is binding on the Purchaser. The Seller has the right to accept the request for cancellation of the order, in which case the Purchaser will be charged with a fee as compensation, amounting to not less than 10% of the total amount of the order with a minimum of € 50.00.

Appears in 3 contracts

Samples: Sales Contracts, Sales Contracts, Sales Contracts

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QUOTATIONS AND ORDERS. a. The quotations 2.1 Quotations are free and offers will remain in force are applicable as a whole and are indivisible. Prices offered are guaranteed for thirty (30) calendar days. Quotations relate only to a period of time of 30 days from the date of issue unless otherwise confirmed in writing proposal by the SellerSupplier and do not bind the Supplier, even after acceptance by the Client. The Seller reserves the right to cancel or revise quotations and offers at any time before Only the written confirmation of acceptance of the order is issued. b. Orders placed by the Purchaser shall not be deemed accepted until confirmed in writing by the Seller. In the event that the Seller does not provide written confirmation of an order negotiated verbally, the issuance of the invoice by the Seller or the execution of the order by the Seller Supplier shall cause the Agreement to come into existence. 2.2 The Supplier assumes that the information, drawings and other data provided by the Client are correct and may thus use them as the basis for its Quotation. If the Client places an order by itself citing references from the Supplier, the Supplier will be considered assume that these tally with the Goods actually required. 2.3 Images, dimensions, capacities, weights, description of appliances and options and other indications of machines and parts, price lists, offers included in the Supplier’s catalogue or on the Supplier’s website or demonstration models are indeed compiled as confirmationcarefully as possible, but are only approximate and for information purposes, and are given only by way of information supplied free of obligation. 2.4 The sale of machines, accessories and/or parts may occur against purchase of a used machine from the Client-Purchaser. The minimum net billable amount is € 150.00. c. Any orderSupplier will in principle make a takeover offer exclusively in respect of what the Supplier deems to be properly working machines, proposal of order, job order or request for supply, in any form forwarded accessories and/or parts. If the Supplier agrees to the Sellerpurchase of machines, constitutes an irrevocable contractual proposal accessories and/or parts which show defects, then the Client-Purchaser must report the defects in favour writing as comprehensively and in as much detail as possible. If it emerges that the machines, accessories and/or parts to be purchased show more defects than indicated in the written report by the Client-Purchaser, then the Supplier will automatically deduct the repair costs from the agreed purchase price. Work assignments originating from the Supplier shall in such cases serve as evidence of repair work carried out by the Supplier and to be paid for by the Client-Purchaser. Any machines, accessories and/or parts to be purchased shall become the property of the Seller Supplier only after it has accepted the actual delivery thereof. Acceptance occurs seven (7) working days after the signature of the xxxx of lading for sixty (60) days from the date of receipt by the Seller with freedom Supplier. Until that time, the machines, accessories and/or parts to be purchased shall in all cases remain the property of the Seller Client-Purchaser and all risks and costs continue to accept or not accept the order at the sole discretion of the Seller. Orders and/or changes to orders made verbally or by telephone must be confirmed in writing borne by the Purchaser. Otherwise the Seller assumes no responsibility with regard to any errors or possible misunderstandings. Proposals received through agents, collaborators or procurers, in general, are always understood to be received "subject to approval by the Seller"latter. d. If the price list in force provides for minimum quantities of packaging, the Purchaser shall comply with them. For smaller quantities, the Seller reserves the right to charge the Purchaser a surcharge of up to 10% of the list price. e. Standard packaging shall be considered included in the sale price while the costs of any non- standard packaging unless expressly agreed otherwise by the Parties, shall be charged to the Purchaser by the Seller. f. Any request for change of the order already confirmed shall be analysed by the Seller who, at his/her sole discretion, shall inform the Purchaser of the feasibility or otherwise of the changes requested. g. The order confirmed by the Seller is binding on the Purchaser. The Seller has the right to accept the request for cancellation of the order, in which case the Purchaser will be charged with a fee as compensation, amounting to not less than 10% of the total amount of the order with a minimum of € 50.00.

Appears in 1 contract

Samples: General Conditions

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